1. The Defendant occupies the Defendant with respect to KRW 40,748,150 and KRW 121 square meters in Gangdong-gu Seoul Metropolitan Government from July 4, 2018 to the Plaintiff.

1. Basic facts

A. The Plaintiff is the owner of the instant land, and the Defendant is the owner of the Plaintiff-gu Seoul Metropolitan Government D-230 square meters (hereinafter “Defendant’s land”) and the leisure building on its ground.

B. The Defendant’s land is a franchi that has no way to contribute to the land of this case and the road surrounded by Gangdong-gu Seoul Metropolitan Government E-road.

C. The instant land is the land divided from the Seongdong-gu Seoul G site owned by F on November 20, 1974. At the time, F applied for subdivision of the said site for the purpose of constructing a detached house, and F obtained the permission for subdivision under the condition that the land category of the instant land divided from Seongdong-gu Office is changed to a road.

Since then, F, around 1975, constructed a detached house on the Defendant’s land and sold the above land and house to the Defendant on or around December 1977. In around 1996, F, on or around 196, the Defendant: (a) destroyed a house and newly constructed a female building on the land, and (b) operated it up to the day with the trade name called “Hel”.

E. The instant land inherited by I due to the death of F, the owner of which was the owner, and due to I’s delinquency in tax, the public auction procedure was initiated on August 30, 2001, and the Plaintiff was awarded the bid amounting to KRW 24 million and acquired ownership by completing the registration of ownership transfer in the name of the Plaintiff on September 12, 2001.

F. Meanwhile, the instant land, unlike the conditions of partition permission, was actually used as a passage from the Defendant’s land to a public road without changing its land category into a road, and at the time of the Defendant’s new construction of a leisure building around 1996, Gangdong-gu Office recognized the instant land as a road and approved the use of the building.

G. Around May 2006, the Defendant leased the instant land to J, and K leased the instant land from each owner to the adjacent land and M, Gangdong-gu Seoul, Seoul, and completed the land adjustment work along with the instant land, and thereafter, it operated the parking lot business from around that time.

H. K is a pay parking lot for the instant land as above.